Supreme Court

Justices schedule major cases on deference to federal agencies

Justices schedule major cases on deference to federal agencies

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The Supreme Court will hear arguments in January in a pair of cases asking the justices to overrule a landmark decision on deference to federal administrative agencies. Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo headline the calendar for the January argument session, which the court released on Friday morning.

Relentless and Loper Bright began as challenges to a federal rule that requires the fishing industry to pay for the cost of observers who monitor … Read the rest

Supreme Court

Tribal self-governance at center of dispute over federal health care costs

Tribal self-governance at center of dispute over federal health care costs

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Indian Health Service is an agency within the Department of Health and Human Services that administers health care programs for Native American tribes. In an effort to promote tribal self-governance, Congress allows tribes to contract with the agency to oversee these programs themselves. This week, we highlight petitions that … Read the rest

Supreme Court

Justices allow federal government continued communication over social media content moderation

Justices allow federal government continued communication over social media content moderation

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The Supreme Court on Friday granted a request from the Biden administration to temporarily block a lower court’s order that would limit the ability of government officials to communicate with social media companies about their content moderation policies. The Biden administration contends that it has sought only to “mitigate the hazards of online misinformation” by flagging content that violated the social media platforms’ own policies. But two states and several individuals whose social media posts were removed or downgraded … Read the rest

Circuit Courts

Cecilia Altonaga: First Female Cuban American Federal Judge

Chief Judge Cecilia M. Altonaga is still humbled by her appointment in 2003, becoming the first female Cuban American federal judge. In recognition of Hispanic Heritage Month, a new video profile explores Altonaga’s Cuban heritage, her pursuit of a career in law, and her family’s defection from Cuba.
Judiciary News – United States Courts

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Supreme Court

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. Habeas relief is available to anyone “in custody,” which the Supreme Court has interpreted to mean not only physical confinement but also … Read the rest

Civil Law

Illinois Federal Court Dismisses One False Advertising Suit Based on Malic Acid, While Sustaining Another

A pair of malic acid decisions recently issued by Judge Coleman in the Northern District Court of Illinois reaffirmed that the statements “natural flavors with other natural flavors” and “no artificial flavors” receive different treatment under state false advertising laws, at least in that district.

In Boss v. Kraft Heinz Co., the plaintiffs alleged that Kraft Heinz’s MiO water-flavoring products contained synthetic malic acid, rendering false and misleading the claim “natural flavors with other natural flavors” on the products’ … Read the rest

Supreme Court

Federal government and drug manufacturer ask court to review ruling restricting access to abortion medication

Federal government and drug manufacturer ask court to review ruling restricting access to abortion medication

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The Biden administration and a drug manufacturer on Friday night asked the Supreme Court to review a decision by a federal appeals court that would significantly restrict access to a drug used in medication abortions, which account for over half of all abortions performed in the United States. The filings created the prospect that the justices will weigh in on the issue of abortion for the first time since their decision last year in Dobbs v. Jackson Women’s Health … Read the rest